Legal Opinion

Foster v. McClure

Supreme Court of Minnesota

Decided May 23, 1913No. Nos. 17,844—(43)PublishedCited by 1 opinion

Action in the district court for Todd county to determine adverse ■claims to certain vacant and unoccupied real estate. The defendants Freeman, Getchel and D. M. Campbell, as special administrator of fhe estate of John O. McClure, deceased, in their separate answer .alleged that defendants Freeman, Getchel and John O. McClure, were sole owners of the real estate described as children and devisees •of Clara O. McClure, deceased.

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Action in the district court for Todd county to determine adverse ■claims to certain vacant and unoccupied real estate. The defendants Freeman, Getchel and D. M. Campbell, as special administrator of fhe estate of John O. McClure, deceased, in their separate answer .alleged that defendants Freeman, Getchel and John O. McClure, were sole owners of the real estate described as children and devisees •of Clara O. McClure, deceased. The reply denied the allegation of ownership in the answer. The case was tried before Taylor, J., who made findings and as conclusion of law found that the answering…

1Opinion of the Court

Dibell, C.

This is an action to determine adverse claims. There were findings for the defendants. The plaintiff appeals from an order denying his motion for a new trial.

1. The plaintiff’s claim is based upon a tax title. A number of irregularities, claimed to be such as to defeat the tax title, are alleged. We consider one.

By section 956, B. L. 1905, the notice of expiration of redemption period must be “directed to the person in whose name such lands are ■assessed, specifying the description thereof * * * ” The sheriff is required to “serve such notice upon the persons to whom it is…

2Cases cited4 opinions

  1. Keith v. HaydenSupreme Court of Minnesota · 1879
  2. Kern v. ClarkeSupreme Court of Minnesota · 1894
  3. Walker v. MartinSupreme Court of Minnesota · 1902
  4. Fagan v. Huntress & Brown Lumber Co.Supreme Court of Minnesota · 1900

3Cited by1 opinion

  1. Lohn v. Luck Land Co.Supreme Court of Minnesota · 1915

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